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IRIS 2006-3:1/21 [FR] Another Case Upheld against a Producer for Using an Anti-copy Device on a CD

In a judgment on 10 January, the Regional Court in Paris upheld the attitude adopted by the Court of Appeal in Paris in a decision made on 22 April 2005 in the case of S. Perquin and the association Que Choisir v. Universal Pictures Vidéo France (see IRIS 2005-6: 13), prohibiting the use by the producer of the phonogram at issue of a technical protection device on the Phil Collins CD Testify that made it impossible to make a private copy on any medium. In the present case, a private individual, with the backing of a consumer defence association, complained that he was not able to play a CD with...

IRIS 2006-2:1/17 [FR] Submission of the Lancelot Report on Media Concentration

On 13 January Professor Alain Lancelot submitted to the Prime Minister a report on the problems of concentration in the media drawn up by the committee that had been set up a few months earlier for that purpose. The report notes that the media scene has not reached an alarming degree of concentration, but it does propose a certain number of changes. Horizontal concentration does not appear to be any more intense than may be observed in the main European States. Nevertheless, although pluralism does not seem overall to be in a worse position than it was ten years ago, the committee draws attention...

IRIS 2006-2:1/16 [FR] CSA Recommendation on Broadcasting certain Types of Fighting Contest

Under the terms of Article 15 of the Act of 30 September 1986 (amended), the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory authority in France - CSA) is responsible for ensuring that children and young people are not shown television programmes that could be damaging for their development. At its plenary assembly on 20 December 2005, the CSA adopted a recommendation on television broadcasting of certain types of extremely violent fighting contests. In addition to the principles of dignity of the human person and maintenance of public order mentioned in the 1986 Act, the CSA text also...

IRIS 2006-2:1/15 [FR] Draft legislation on Copyright and Neighbouring Rights in the Information Society still under Discussion

After three days of stormy debate in the National Assembly, the parliamentary debate on the bill transposing the Directive on Copyright and Neighbouring Rights in the Information Society into national legislation was suspended because of the parliamentary recess. In a surprise vote (by 30 votes to 28), the MPs adopted two identical amendments tabled by the UMP and PS political parties that would assimilate to private copying the downloading, for non-commercial purposes, of works from the Internet, in return for a lump-sum payment in remuneration, opening the way for the creation of a legal licence....

IRIS 2006-2:1/2 European Court of Human Rights: Case of Tourancheau and July v. France (affaire Libération)

In 1996, the French newspaper Libération published an article focusing on a murder case in which adolescents were involved. The criminal investigation was still pending when the article was published and two suspects, a young man, B. and his girlfriend, A., had been under investigation. The article in Libération, written by Patricia Tourancheau, reproduced extracts from statements made by A. to the police and the investigating judge, and comments from B. contained in the case file. On the basis of section 38 of the Freedom of Press Act of 29 July 1881, criminal proceedings were brought...